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Minutes - 04/13/2021 - Board of TrusteesVILLAGE OF OAK BROOK MINUTES Page 1 of 6 REGULAR MEETING OF APRIL 13, 2021 MINUTES OF THE APRIL 13, 2021 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 27, 2021 1. CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Gopal Lalmalani in the Upper Level Conference Room of the Butler Government Center at 7:00 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons: PRESENT: President Gopal Lalmalani, Information Technology Director Jim Fox PRESENT VIA TELECONFERENCE/ZOOM: Trustees John Baar, Philip Cuevas, Michael Manzo, Moin Saiyed, Edward Tiesenga, Trustee Yusuf ABSENT: None IN ATTENDANCE VIA TELECONFERENCE/ZOOM: Village Manager Rick Ginex, Development Services Director Tony Budzikowski, Police Chief James Kruger, Fire Chief Barry Liss, Finance Director Jason Paprocki, Public Works Director Doug Patchin, HR Director/Deputy Clerk Kathy Vonachen and Village Attorney Michael Castaldo Jr. 3. PRESIDENT’S OPENING COMMENTS President Lalmalani congratulated Trustee Elects James Nagle, Laurence Herman, and A. Suresh Reddy and announced their swearing-in date. After that, he thanked Trustees Baar, Saiyed, and Cuevas for their exemplary service and contributions. Next, President Lalmalani shared a brief update regarding numbers associated with COVID vaccinations, positivity rate, and concerns related to the rising positivity rates in neighboring counties. Afterward, he expressed his excitement for reaching an agreement between the Butler National, Polo, and the Village. He thanked Trustees Tiesenga and Baar for their involvement in bringing the matter up for evaluation and asked Village Manager Ginex to speak on the matter. President Lalmalani then announced that the Oak Brook Bath and Tennis Club is now under the management of the Oak Brook Park District, and all the membership applications should be directed to them. Furthermore, he announced the beginning of the Islamic holy month of Ramadan and the New Year celebrations in the Asian and Indian communities. Lastly, he announced ribbon-cutting ceremonies and new facility grand openings during the upcoming weekend. Village Manager Ginex spoke in agreement with President Lalmalani's comments and stated that the appropriate documents are in the works to be finalized. 4. RESIDENT/VISITOR COMMENTS Resident and President of Saddle Brook Community Association Board, Alan Koren, shared his concerns with the transparency of information regarding the sale of the water system. He also urged the Board to allow ample time for the Trustee Elects to evaluate the documents before making the final decision. Resident Ray Cesca shared updates regarding the 5G deployment, showed a news clip regarding resident outrage regarding the antenna placement, and further urged caution along with plans for action in Springfield. VILLAGE OF OAK BROOK MINUTES Page 2 of 6 REGULAR MEETING OF APRIL 13, 2021 Resident Robert Ivarson stated that he has been working with Resident Koren and shared his professional expertise regarding the water system. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF MARCH 23, 2021 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of March 23, 2021. VOICE VOTE: Motion carried. 5. APPROVAL OF MINUTES B. REGULAR EXECUTIVE MEETING MINUTES OF FEBRUARY 09, 2021 Motion by Trustee Yusuf, seconded by Trustee Manzo to approve the Minutes of the Regular Board of Trustees Meeting of February 09, 2021. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending: April 8, 2021 - $739,431.54 Significant Items included in Above: 1. LEGAL SERVICES: a) Lamp Law, LLC. - Legal Services – March 2021 - $3,333.33 (FY21 YTD - $9,999.99) TOTAL LEGAL BUDGET FOR 2021 IS $245,000.00 TOTAL LEGAL BILLS PAID FOR 2021 - YTD - $70,308.09 2. Homer Tree Care, Inc. – Tree Work at Oak Brook Bath & Tennis Club - Inv. #43482 - $75,000.00 3. DuPage Metropolitan Enforcement Group (DUMEG) – “Fair Share” Contributions - $20,800.00 4. BCBS HMO – Health Care Services – April 2021 - $47,682.53 5. DuPage Water Commission - March 2021 - $261,566.13 B. Approval of Payroll for Pay Period Ending: March 20, 2021 - $745,112.17 C. Approval of Payroll for Pay Period Ending: April 03, 2021 - $771,628.43 D. Ordinances & Resolutions 1. RESOLUTION 2021-ZO-OZM-EX-R-1941, A Resolution Approving the 2021Village of Oak Brook Official Zoning Map 2. RESOLUTION 2021-PW-SC-B&T/P-CO-R-1942, A Resolution Approving a Change Order Mid- America Pool Renovation, Inc. Bath & Tennis Club Pool Renovation Project 3. ORDINANCE 2021-PL-RR-EX1-S-1620, An Ordinance Amending Certain Sections of the Personnel Manual of the Village of Oak Brook (Worker’s Comp) 4. ORDINANCE 2021-LC-AL-G-1183, An Ordinance Amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois by Increasing by One to One the Number of Authorized Class O Liquor Licenses 5. RESOLUTION 2021-PW-SURP-RE- R-1943, A Resolution Approving and Authorizing the Sale of Surplus Real Estate VILLAGE OF OAK BROOK MINUTES Page 3 of 6 REGULAR MEETING OF APRIL 13, 2021 6. RESOLUTION 2021-FI-MUNIS-AG-R-1944, A Resolution Approving and Authorizing an Agreement Between the Village of Oak Brook and Tyler Technologies, Inc. for Executime Time and Attendance System with Advanced Scheduling Motion by Trustee Baar, seconded by Trustee Manzo to approve the Consent Agenda, with the exception of Items 6.D.2., Items 6.D.5 and authorize the expenditures as presented. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA ITEM 6.D.2 - RESOLUTION 2021-PW-SC-B&T/P-CO-R-1942, A Resolution Approving a Change Order Mid-America Pool Renovation, Inc. Bath & Tennis Club Pool Renovation Project Trustee Manzo presented the Motion and shared his concerns with the costs to the Village associated with the change order. Later, he spoke in agreement with Trustee Saiyed's comments, Trustee Elect Laurence Herman elaborated and reiterated Trustee Manzo's comments and concerns while adding his views and opinions on the matter. Village Manager Ginex stated that he spoke with Oak Brook Park District Executive Director, Laure Kosey who said that ladders are an absolute necessity for the pool to open. He also agreed to reach out to the contractor. President Lalmalani asked Public Works Director Patchin to share his opinions regarding costs associated with the change order. Spoke in agreement with comments made by Trustees and asked Village Manager Ginex about information where the contractor bears partial responsibility. Public Works Director Patchin explained how the issue came about and elaborated on the pricing associated with the needed materials. Trustee Saiyed echoed Trustee Elect Herman's comments and further elaborated on the importance of the pool opening this summer. Trustee Yusuf expressed his agreements with Trustee Manzo and Saiyed's comments and shared his disappointment with such a late response from the contractor. Trustee Baar spoke in agreement with all previously made comments and shared his opinions regarding the impact of a delay or unserviceable pool on the residents who already purchased memberships. Trustee Tiesenga expressed his opinions regarding the matter and shared suggestions on how to resolve the issue associated with the costs. Motion by Trustee Manzo, Seconded by Trustee Baar that the Village Board discusses, adds a friendly amendment and approves RESOLUTION 2021-PW -SC-B&T/P-CO-R-1942, A Resolution Approving a Change Order Mid-America Pool Renovation, Inc. Bath & Tennis Club Pool Renovation Project ROLL CALL VOTE: VILLAGE OF OAK BROOK MINUTES Page 4 of 6 REGULAR MEETING OF APRIL 13, 2021 Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ITEM 6.D.5 - RESOLUTION 2021-PW-SURP-RE- R-1943, A Resolution Approving and Authorizing the Sale of Surplus Real Estate Trustee Manzo made the motion, shared his disagreement with the majority vote made by the Board at the previous Board meeting. He further expressed his opinions on the matter and urged the Board to add protective provisions to the current agreement to protect the Village from possible litigation in the future. Trustee Cuevas expressed his concerns with comments made by Trustee Manzo and further shared his opinions regarding the transparency of information throughout negotiations. Village Attorney Castaldo shared procedural matters that took place in accordance with the law, including the notice of publication. Resident Don Adler agreed with Resident Alan Koren's comments earlier in the meeting and further expressed his opinions regarding the matter. Trustee Saiyed shared his understanding of the situation, the company in question, and finances related to the sale. Public Works Director Patchin clarified the finances associated with the sale of water per gallon and elaborated on the previously mentioned concerns. Trustee Tiesenga spoke in agreement with comments made by Trustee Cuevas, expressed his understanding of the situation. Furthermore, he addressed all other aspects discussed in the past that have allowed the Board to bring the matter into fruition, along with concerns brought up by Trustee Manzo. President Lalmalani asked Village Attorney Castaldo to address the suggested addition of protective language into the current agreement. Village Attorney Castaldo stated that he would need to review the Ordinance; however, an addition of substantive changes can be discussed between the parties. Trustee Yusuf shared his understanding of the situation and the agreement for the water sale. He also expressed his agreement in moving forward with the sale under the current provisions outlined in the agreement. Trustee Baar shared his opinion of comments made by Trustees Saiyed and Yusuf and asked President Lalmalani to call the matter to question. Motion by Trustee Manzo, Seconded by Trustee Saiyed that the Village Board discusses Resolution 2021-PW-SURP-RE- R-1943, A Resolution Approving and Authorizing the Sale of Surplus Real Estate Discussion Ended VILLAGE OF OAK BROOK MINUTES Page 5 of 6 REGULAR MEETING OF APRIL 13, 2021 Call for the question by Trustee Baar, Seconded by Trustee Cuevas that the Village Board defers Resolution 2021-PW-SURP-RE- R-1943, A Resolution Approving and Authorizing the Sale of Surplus Real Estate ROLL CALL VOTE: Ayes: 5 – Trustees Baar, Cuevas, Saiyed, Tiesenga and Yusuf Nays: 1 – Trustee Manzo Abstain: 0 – None Absent: 0 – None Motion carried 8. ACTIVE BUSINESS A. Confirmation of Appointments 1. Plan Commission and Planned Development Commission Reappointments - Rajaraman Iyer & Thomas Doyle to a 3-year term Motion by Trustee Baar, Seconded by Trustee Saiyed that the Village Board concurs with President Lalmalani’s recommendation to reappoint Rajaraman Iyer and Thomas Doyle to the Oak Brook Plan Commission and the Oak Brook Planned Development Commission, to a three year term that will expire in May of 2024. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ACTIVE BUSINESS B. Ordinances & Resolutions 1. RESOLUTION 2021-SC-S&T-R-1938, A Resolution Approving and Authorizing the Execution of a License Agreement Between the Village of Oak Brook and Tasty Catering Corporation Related to Catering Services Trustee Elect Laurence Herman made statements regarding the current agreement along with suggestions to look further into state-mandated provisions in compliance with the Internal Revenue Service. Trustee Manzo spoke in agreement with statements made by Trustee Elect Herman, expressed his opinions on the matter, and made suggestions for deferral of the item. Trustee Tiesenga shared points made by Resident Adler in an email, spoke in agreement with the mentioned points and comments made by Trustee Elect Herman. Trustee Saiyed echoed previously made comments and spoke in agreement of a deferral. President Lalmalani asked Village Manager Ginex to speak on the matter. Village Manager Ginex shared parts of the discussion that took place regarding the matter in question. Motion by Trustee Yusuf, Seconded by Trustee Manzo that the Village Board discusses and defers Resolution 2021-SC-S&T-R-1938, A Resolution Approving and Authorizing the Execution of a License Agreement Between the Village of Oak Brook and Tasty Catering Corporation Related to Catering Services VILLAGE OF OAK BROOK MINUTES Page 6 of 6 REGULAR MEETING OF APRIL 13, 2021 ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried ACTIVE BUSINESS B. Ordinances & Resolutions 2. ORDINANCE 2021-SC-EX-G-1184, An Ordinance Amending Chapter 3 of Title 12, Entitled, “Recreational Facilities”, of the Village Code of the Village of Oak Brook, Illinois Motion by Trustee Baar, Seconded by Trustee Manzo that the Village Board approves Ordinance 2021-SC-EX-G-1184, An Ordinance Amending Chapter 3 of Title 12, Entitled, “Recreational Facilities”, of the Village Code of the Village of Oak Brook, Illinois ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried 10. ADJOURN TO CLOSED SESSION, For the Purpose of Discussing (1) Minutes Of Meetings Lawfully Closed Under The Open Meetings Act, For The Purpose Of Approval By The Body Of The Minutes, (C)(21) Of The Illinois Open Meetings Act, (2)(C)(11) To Consider Litigation Pending Against, Affecting, Or On Behalf Of The Village at 8:37 p.m. Motion by Trustee Manzo, seconded by Trustee Yusuf to adjourn to a Closed Session at 8:36 p.m. ROLL CALL VOTE: Ayes: 6 – Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, and Yusuf Nays: 0 – None Abstain: 0 – None Absent: 0 – None Motion carried. 11. Reconvened at 9:02 p.m. 12. ADJOURNMENT Motion by Trustee Baar, seconded, by Trustee Manzo to adjourn the Regular Meeting of the Board of Trustees at 9:03 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Charlotte K. Pruss Charlotte K. Pruss Village Clerk